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    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:

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    Commercial and Residential Contractors License Required.

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    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)

    Renovation Contractors: Be Careful How You Disclose Your Projects

    Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M

    Update: Where Did That Punch List Term Come From Anyway?

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    Using the Prevention Doctrine

    Stadium Intended for the 2010 World Cup Still Not Ready

    Denver Parking Garage Roof Collapses Crushing Vehicles

    What Does “Mold Resistant” Really Mean?

    Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

    Fannie Mae, Freddie Mac Shares Fall on Wind-Down Measure

    Haight Attorneys Selected to 2018 Southern California Rising Stars List

    Damp Weather Not Good for Wood

    L.A. Mixes Grit With Glitz in Downtown Revamp: Cities

    Minnesota Supreme Court Dismisses Vikings Stadium Funding Lawsuit

    Six Reasons to Use Regular UAV Surveys on Every Construction Project

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    The Importance of Preliminary Notices on Private Works Projects

    "Occurrence" May Include Intentional Acts In Montana

    Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”

    South Carolina Clarifies the Accrual Date for Its Statute of Repose

    HOA Group Speaking Out Against Draft of Colorado’s Construction Defects Bill

    Discussion of History of Construction Defect Litigation in California

    Colorado Senate Voted to Kill One of Three Construction Defect Bills

    Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

    Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

    High Attendance Predicted for West Coast Casualty Seminar

    Environmental Roundup – April 2019

    Federal Court Requires Auto Liability Carrier to Cover Suit Involving Independent Contractor Despite “Employee Exclusion”

    Ten Firm Members Recognized as Super Lawyers or Rising Stars

    James R. Lynch Appointed to the Washington State Capital Project Review Committee

    Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

    Arizona Supreme Court Leaves Limits on Construction Defects Unclear

    A Performance-Based Energy Code in Seattle: Will It Save Existing Buildings?

    Settling with Some, But Not All, of the Defendants in a Construction Defect Case

    Torrey Pines Court Receives Funding for Renovation

    Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

    New Jersey Supreme Court Ruled Condo Association Can’t Reset Clock on Construction Defect Claim

    Construction Payment Remedies: You May be Able to Skate by, But Why?

    In Florida, Exculpatory Clauses Do Not Need Express Language Referring to the Exculpated Party's Negligence

    NYC Condo Skyscraper's Builder Wins a Round -- With a Catch

    New York Appeals Court Rekindles the Spark

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    Is Drone Aerial Photography Really Best for Your Construction Projects?

    California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings
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    With over 4500 engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction related trial support and expert consulting services to the nation's most recognized builders, risk managers, legal professionals, owners, state and local government agencies. Utilizing captive resources which comprise building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

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    Anaheim, California

    On to Year Thirteen for Blog

    January 13, 2020 —
    Insurance Law Hawaii hits twelve years of existence this week, 1347 posts later. We started in December 2007. We continue in order to keep up on developing issues in insurance law. We strive to keep readers abreast of new developments in cases from Hawaii and across the country. Other Damon Key blogs to check out are [here] authored by Robert Thomas, Mark Murakami's [here] and [here] by Anna Oshiro. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Dispute Waged Over Design of San Francisco Subway Job

    July 30, 2019 —
    Contractor Tutor Perini Corp. is clashing with the San Francisco Municipal Transportation Agency over what the firm says are alleged design flaws that may push past December the completion of the already-delayed $1.6-billion Central Subway Project. Read the court decision
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    Reprinted courtesy of Erica Berardi, ENR
    Ms. Berardi may be contacted at

    World’s Biggest Crane Gets to Work at British Nuclear Plant

    October 07, 2019 —
    The world’s largest crane is getting ready to hoist more than 700 of the heaviest pieces of the first new nuclear plant being built in Britain in decades. The machine, affectionately known as “Big Carl” after an executive at Belgian owner Sarens NV, is in place at Electricite de France SA’s 19.6 billion-pound ($24.1 billion) Hinkley Point C project in southwest England. It can carry as much as 5,000 tons, or the same weight as 1,600 cars, in a single lift and arrived on 280 truck loads from Belgium. It has taken about three months to build. Nuclear power makes up about a fifth of Britain’s electricity. Most of those plants are near the end of their lives and will close in the next decade. Replacing them won’t be easy—as the scale of the project shows. Earlier this year, EDF poured 9,000 cubic meters of cement, the biggest single biggest pour of concrete ever recorded in Britain. It was reinforced by 5,000 tons of steel built into a nest 4 meters high that’ll serve as the base of the first new reactor in the U.K. since 1995. Read the court decision
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    Reprinted courtesy of Jeremy Hodges, Bloomberg

    Hunton’s Geoffrey Fehling Confirmed to DC Bar Foundation’s Young Lawyers Network Leadership Council

    December 30, 2019 —
    Congratulations to Hunton Andrews Kurth LLP insurance recovery lawyer, Geoffrey Fehling, on his confirmation by the DC Bar Foundation’s Board of Directors to the organization’s Young Lawyers Network Leadership Council. As the leading funder of civil legal aid in the District of Columbia, DCBF awards grants to the District’s legal services organizations that provide free civil legal services to low-income and underserved people in the District. Since its inception, DCBF has awarded more than $80 million in grants. Read the court decision
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    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
    Mr. Levine may be contacted at

    Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition

    November 12, 2019 —
    Despite the need to shore up the ceiling, the building was not in a state of collapse under the language of the policy. Ravinia Vouge Cleaners v. Travelers Cas. Ins. Co. of Am., 2019 U.S. Dist. LEXIS 123594 (N.D. Ill. July 24, 2019). Ravinia Cleaners held a property policy issued by Travelers for the building from which it operated its dry-cleaning business. On February 2, 2015, there was heavy snowfall. On February 4, Ravinia reported to Travelers a leak coming from the ceiling. A temporary "shoring " was placed on the ceiling. Ravinia reported to Travelers that there was damage to the roof on February 25, 2015. Travelers hired an engineer who observed a buckling truss and roof displacing downward. The inspector recommended that the building be vacated and not occupied until adequate shoring was in place. Travelers denied coverage because the building was in a state of imminent collapse which was caused by the weight of ice and snow, and defective construction of the truss system. The policy excluded damage relating to a "collapse of a building." Collapse was defined by the policy as "an abrupt falling down or caving in of a building or any part of a building," such that the building could not be occupied for its intended purpose. There were exceptions to the exclusion, however, if the cause of the collapse was: (1) weight of snow; or (2) use of defective materials or methods in construction if the collapse occurred after construction. The policy also excluded damage from a building being in a state of imminent collapse unless the damage was caused by: (1) weight of snow; or (2) use of defective materials or methods in construction if the collapse occurred during construction. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Helsinki Stream City: A Re-imagining Outside the System

    August 13, 2019 —
    Modern man lives under the illusion of being the most intelligent being out there. This is the paradox of human nature; we all want to make the best decisions with the knowledge we have at any given time, but on the other hand, our thinking is largely based on how our ancestors organized the world in their time. Possibly the most tangible example of this in our everyday lives is infrastructure. While there seems to be plenty of candidates offering new solutions to the already existing urban environment, there are not that many looking to challenge the current urban order. Cities are full of talk—but who walks the walk? Re-imagining Urban Environments Olli Hakanen, a long-term specialist in re-imagining workspaces and urban environments, has an extensive background in both architecture and consultancy. His latest venture, Respace, aims to address how urban environments are being developed to better suit the needs of their residents as well as the environment. According to the ideology behind Respace, instead of always building something new, often all that is needed is a re-thinking. Read the court decision
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    Reprinted courtesy of Jenni Ripatti, AEC Business
    AEC Business may be contacted at

    Erector Tops Out 850-Foot-Tall Rainier Square Tower in Only 10 Months

    September 23, 2019 —
    As predicted, the Erection Co. topped out Seattle’s 850-ft-tall Rainier Square Tower, with its radical composite steel frame dubbed “speed core,” in only 10 months. Steel erection began last October in the lowest basement. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the court decision
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    Reprinted courtesy of

    John O’Meara is Selected as America’s Top 100 Civil Defense Litigators

    December 02, 2019 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partner John V. O’Meara has been selected as a member of America’s Top 100 Civil Defense Litigators. This invitation resulted from a national selection process and is intended to honor the best defense attorneys in the Country. Mr. O’Meara was selected to join a group of lawyers which include past and current state bar presidents, national ABOTA Presidents, ABOTA Masters in Trial and International Academy of Trial Lawyer presidents. Read the court decision
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    Reprinted courtesy of John O'Meara, Bremer Whyte Brown & O'Meara, LLP
    Mr. O'Meara may be contacted at